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Judgment
Instant application, seeking extension of time for annexing/depositing the requisite court fee, affidavits and other requisite documents with this petition,
in view of the grounds urged therein, is allowed. The petitioner shall deposit the requisite court fee with the Registry of this Court within a period of
one week from the date of announcement of lifting of lockdown on account of Covid-19 by the Government.
Application stands disposed of.
Through the medium of instant petition, the petitioners are seeking a direction to the respondents to provide sufficient security keeping in view the
threat perception to the life of the petitioners. A further direction is sought to dispose of the representation which is appended as Annexure “P5â€
with the instant petition.
It is the case of the petitioners that petitioner No. 1 is a Panch of Panchayat Gohalan, Uri and the petitioner No.2 is a nominated Sarpanch on ticket of
Jammu and Kashmir Pradesh Congress Committee. It is averred that the petitioner No.1 was attacked by some unscrupulous elements for being
associated with the Congress Party and in this connection an FIR No. 108/2020 dated 01.08.2020 registered with Police Station, Uri was also lodged
against the attackers including private respondents to the instant petition. The petitioners have highlighted a number of other incidents and
circumstances to buttress their contention that their life is under threat from anti national elements. The grievance of the petitioners is that they are not
being provided with adequate security by the respondents despite petitioner No.1 having submitted a representation before His Excellency the
Lieutenant Governor of Union Territory of Jammu and Kashmir.
It is a settled law that so far as the security of an individual including a political worker is concerned, the same is to be enhanced or downgraded
having regard to the threat perception of the individual. For assessing the threat perception of an individual, the security agencies of the government
conduct a periodic review and take appropriate steps in accordance with recommendations of security review committee. This Court in exercise of its
writ jurisdiction cannot direct the Government of Union Territory of Jammu and Kashmir to provide a particular level of security to an individual. The
level of security to be provided to a political worker is the sole domain of the security agencies. However, it is the constitutional obligation of the State
to protect the life and liberty of the citizens. The security agencies are, therefore, duty bound to protect the life of the petitioners, who are facing a
genuine threat to their life. The matter regarding security of the petitioners, therefore, deserves to be considered by the respondents with all
seriousness.
In view of the above, the petition is disposed of, with a direction to the respondents to make a assessment of threat perception to the life of the
petitioners and while doing so, the respondents shall consider the facts and circumstances highlighted by the petitioners in the instant petition, a copy
whereof shall be provided by the petitioners to the respondents. A decision regarding level of security to be provided to the petitioners in accordance
with the report of the security review committee shall be taken by the respondents expeditiously preferably within a period of one month from the date
a copy of this order along with a copy of the petition is made available by the petitioners to the respondents.
The petition stands disposed of.